AMRESHWAR PRATAP SAHI, J. - (1.) HEARD learned counsel for the parties.
(2.) THE dispute in this petition relates to the inheritance of the land holdings of late Sri Dahau. The admitted pedigree is that the petitioners Sheodhani, Murahoo and Babu Nandan are the collaterals of the branch of two uncles of late Dahau. This is evident from the pedigree, which is extracted in the orders passed by the authorities below. The respondent Nos. 4 to 7 are the daughters of late Dahau, who claim succession to his property under the provisions of Section 171 of the U.P.Z.A. and L.R. Act. The petitioners claim succession through an unregistered Will dated 3rd August, 2010 that was set up by them, and on the strength thereof, the matter was contested before the consolidation authorities for recording their names to the exclusion of the daughters. It is also undisputed that late Dahau died on 21st September, 1970. One of the contesting respondents, namely, Smt. Rajdei admitted the claim of the petitioners whereas the other contesting respondents refuted the same. The dispute centered around the validity of the unregistered Will set up by the petitioners.
(3.) IN support of their plea, the petitioners got one of the marginal witnesses Sri Bikrama examined, and also produced the sale deeds that had been executed in original by late Sri Dahau, to contend that the signatures on the Will and that on the sale deeds tallied. The Consolidation Officer proceeded with the matter and the respondents also led their evidence including oral evidence denying the execution of the Will. After having assessed the evidence, the Consolidation Officer vide his judgment dated 2nd January, 1973 held that the signatures appearing on the registered sale deeds executed by late Dahau and that on the unregistered Will appear to tally except with a difference that in one of the documents the signature is as Dahau and on the other is as Dahau Prasad. The sale deeds were also challenged. The Consolidation Officer came to the conclusion that since one of the daughters, namely, Smt. Rajdei has admitted the Will, therefore, the Will cannot be said to be fabricated. He further concluded that the other defendants did not filed any application for getting the signatures examined through a handwriting expert in order to tally the signatures of late Dahau and, therefore, it can be presumed that the Will is genuine. Apart from this, the Consolidation Officer did not record any finding on the statements of the oral witnesses except for having narrated the statements made by them.;